TERMS AND CONDITIONS

The online shop at www.niumiclothes.com operates under Polish law. The online shop at www.niumiclothes.com takes care of consumer rights. Any contractual provisions which are less favourable to consumers than the provisions of the Consumer Rights Act are invalid and shall be replaced by the provisions of the Consumer Rights Act of 30th May 2014. Therefore, the provisions of these Terms and Conditions do not intend to limit any consumer rights held by consumers under mandatory provisions of law and any potential doubts shall be resolved in favour of the consumer. If there are any inconsistencies between these Terms and Conditions and the above legal regulations, legal regulations shall prevail and be applied.

Section 1 GENERAL PROVISIONS

1. The online shop at www.niumiclothes.com is run by the Service Provider: MyMusic Sp.z o.o. Sp.k (Polish limited liability company limited partnership) with its registered office in Poznań, at the following address: ul. Wichrowa 1 a, 60-449 Poznań, entered into the business register of the National Court Register under KRS no.: 0000596061, maintained by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register. NIP no.: 7811921571, REGON no.: 363480243.

2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Shop (with the exception of Section 10 of these Terms and Conditions, which is addressed solely to entrepreneurs).

3. The Controller of personal data processed due to the implementation of these Terms and Conditions is the Service Provider. The purpose, scope and basis of personal data processing are indicated in privacy policy published on the website of the Online Shop. Providing personal data is voluntary. Each person whose personal data are processed by the Service Provider has the right to review, update and correct his or her data.

GLOSSARY (all legal expressions shall have the meaning given to them by applicable acts which are in force in the Republic of Poland).

BUSINESS DAY - a day from Monday to Friday, excluding Polish public holidays.

REGISTRATION FORM - a form available in the Online Shop which makes it possible to create an Account.

ORDER FORM - an Electronic Service, an interactive form available in the Online Shop which makes it possible to place an Order, in particular by adding Products to an electronic cart and determining the provisions of the Sale Agreement, including the method of delivery and payment.

CUSTOMER - (1) a natural person with full capacity to make acts in the law and, under the circumstances set forth in generally applicable legal provisions, also a natural person with limited capacity to make acts in the law; (2) a legal person; or (3) an organizational unit without legal personality which is granted the capacity to make acts in the law by the act; - that concluded or intends to conclude a Sale Agreement with the Seller.

CIVIL CODE - Polish Civil Code Act of 23rd April 1964 (Journal of Laws 1964, no. 16, item 93, as amended).

ACCOUNT - an Electronic Service, a collection of resources in the Service Provider’s ICT system with an individual name (login) and password chosen by the Service User. Data provided by the Service User and information about Orders placed by him or her in the Online Shop are stored in the Account.

PRODUCT - a moveable good available in the Online Shop which is the subject of the Sale Agreement concluded between the Customer and the Seller.

TERMS AND CONDITIONS - these terms and conditions of the Online Shop.

ONLINE SHOP - the Service Provider’s Online Shop available at: www.niumiclothes.com.

SELLER; SERVICE PROVIDER - MyMusic Sp.z o.o. Sp.k with its registered office in Poznań, at the following address: ul. Wichrowa 1 a, 60-449 Poznań, Poland, entered into the business register of the National Court Register under KRS no.: 0000596061, maintained by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register. NIP no.: PL 7811921571, REGON no.: 363480243.

SALE AGREEMENT - the Product Sale Agreement which was concluded or is being concluded between the Customer and the Seller via the Online Shop.

ELECTRONIC SERVICE - a service rendered electronically by the Service Provider to the Service User via the Online Shop.

SERVICE USER - (1) a natural person with full capacity to make acts in the law and, under the circumstances stipulated in generally applicable legal provisions, also a natural person with limited capacity to make acts in the law; (2) a legal person; or (3) an organizational unit without legal personality which is granted the capacity to make acts in the law by the act; that is using or intends to use an Electronic Service.

CONSUMER RIGHTS ACT, THE ACT - the Polish Consumer Rights Act of 30th May 2014 (Journal of Laws 2014, item 827, as amended).

ORDER - the Customer’s declaration of intent made via the Order Form, whose direct aim is to conclude the Product Sale Agreement with the Seller.

Section 2 ELECTRONIC SERVICES IN THE ONLINE SHOP

1. The following Electronic Services are available in the Online Shop: Account, Order Form.

2. Account - using the Account is possible only if the Service User makes all the following steps - (1) fills in the Registration Form, (2) clicks on “Create an account” (“Utwórz konto”). In the Registration Form, it is necessary for the Service User to provide the following data: e-mail address and password. An Account can also be created when the Order is being placed - in this case, the Account is created at the same moment as the Order is placed.

3. The Electronic Service called “Account” is rendered free of charge for an indefinite time. The Service User may at any time and without giving a reason delete the Account (resign from the Account) by sending a request to the Service Provider, in particular by e-mail to the following address: clientservice@niumiclothes.com or in writing to the following address: MyMusic Sp.z o.o Sp.k ul. Wichrowa 1a, 60-449 Poznań, Poland.

4. Order Form - using the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Shop. The Order is placed when the Customer makes all the following steps: (1) fills in the Order Form and (2) when the Form is filled in, clicks on “Order” (“Realizuj”) on the website of the Online Shop - from then on, the Customer may change the data that he or she provided (to do that on his or her own, the Customer needs to follow messages which pop up and information available on the website of the Online Shop). In the Order Form, the Customer needs to provide the following data: name and surname/company name, address (street, house/apartment number, postcode, town/city, country), e-mail address, phone number and data related to the Sale Agreement: Product(s), the amount of Product(s), place and method of delivery and payment method. In the case of Customers who are not consumers, it is necessary to provide the company name and NIP number.

5. The Electronic Service called “Order Form” is rendered free of charge and is a one-time service which ends when the Order is placed via the Form or when the Service User abandons the Order before it is placed.

6. Technical requirements which have to be met to work with the ICT system used by the Service Provider: (1) a computer, laptop or another multimedia device with access to the Internet; (2) access to e-mail; (3) a web browser: Mozilla Firefox version 17.0 or higher, Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher or Safari version 5.0 or higher; (4) recommended minimum display resolution: 1024x768; (5) enabling Cookies and turning on Javascript in the web browser.

7. The Service User is obliged to use the Online Shop in a manner consistent with law and good practice, with respect for personal interests, copyrights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter accurate and complete data. The Service User is prohibited from providing unlawful content.

8. Complaints related to the rendering of Electronic Services by the Service Provider and any other complaints related to the operation of the Online Shop (with the exception of complaints about Products, which are referred to in Point 6 of these Terms and Conditions) can be made by the Service User: in writing to the following address: MyMusic Sp.z o.o Sp.k with its registered office in Poznań, at ul. Wichrowa 1a, 60-449 Poznań, Poland or electronically via e-mail to: clientservice@niumiclothes.com

9. In the complaint, the Service User should include: (1) information and circumstances related to the subject of the complaint, in particular the type of irregularity and the date on which it occurred; (2) the Service User’s demands; and (3) contact details of the person making the complaint - it will make it easier and faster for the Service Provider to process the complaint. Requirements listed in the previous sentence are only a piece of advice and they shall not affect the validity of complaints which do not follow these recommendations.

10. The Service Provider will express an opinion on the complaint forthwith, within 14 calendar days after the complaint was made.

Section 3 CONDITIONS FOR CONCLUDING SALE AGREEMENTS

1. A Sale Agreement between the Customer and the Seller is concluded after the Customer places an order via the Order Form in the Online Shop, pursuant to Section 2 Point 4 of these Terms and Conditions.

2. The price of the Product visible on the website of the Online Shop is in EUR and includes tax. The Customer will be informed about the total price (tax included) of the Product which is the subject of the Order and about delivery costs (including charges for transport, delivery and postal services) and other costs and if the amount of such charges cannot be determined, the Customer will be informed about the obligation to pay them. Such information will appear on the website of the Shop when the Customer is placing the Order and when the Customer makes the declaration of intent to enter into an agreement with the Seller.

3. The procedure of concluding a Sale Agreement in the Online Shop via the Order form is as follows:

  1. A Sale Agreement between the Customer and the Seller is concluded after the Customer places an order in the Online Shop, pursuant to Section 2 Point 4 of these Terms and Conditions.

  2. When the Order is placed, the Seller will confirm it forthwith and will accept it for execution. The Order is confirmed and accepted for execution when the Seller sends the Customer an e-mail to the e-mail address given by the Customer when the Customer was placing the Order. The e-mail will contain the Seller’s declaration that the Seller received the Order and accepted it for execution and will confirm that the Sale Agreement was concluded. When the Customer receives the abovementioned e-mail, the Sale Agreement between the Customer and the Seller is concluded.

  3. The text of the Sale Agreement is recorded, secured and made available to the Customer by (1) publishing these Terms and Conditions on the website of the Online Shop and (2) sending the Customer the e-mail referred to in Section 3 Point II of these Terms and Conditions. The text of the Sale Agreement is additionally recorded and secured in the ICT system of the Seller’s Online Shop.

Section 4 PAYMENT METHODS AND DATES

1. The Seller enables the Customer to choose one of the following payments method under the Sale Agreement:

I. Electronic payment through PayPal.

II. Payment with a credit card.

2. Payment dates:

The Customer is obliged to pay within 2 Business Days after the Sale Agreement was concluded.

Section 5 DELIVERY COST, METHODS AND DATES

1. The Seller enables the Customer to choose one of the following delivery methods:

- DHL parcel

- personal collection in physical stores

The cost of delivery (including charges for transport, delivery and postal services) are determined in the Terms and Conditions and during the process of placing an order.

2. The delivery of the Product to the Customer in Europe takes 2-7 Business days, unless the description of the Product states otherwise or unless the Customer was notified about a different delivery period when he or she was placing the order. In the case of Products with various delivery dates, the delivery date is the latest date. The time limit for the delivery of the Product to the Customer begins to run as follows:

I. If the Customer selects electronic payment or payment with credit card - on the date on which the Seller’s bank account or current account is credited with the payment.

II. If the Customer selects personal collection and pays in a physical store - on the date on which the Sale Agreement was concluded.

4. Delivery costs:

- DHL: EUR 10

Section 6 COMPLAINTS ABOUT PRODUCTS

The basis for making a complaint about a product is a document confirming the purchase, e.g. the cash register receipt, invoice or another indisputable confirmation showing that the Sale Agreement was concluded.

1. The basis and scope of the Seller’s liability towards the Customer for a sold Product which has a physical or legal defect (warranty) are regulated by generally applicable legal provisions, in particular the Polish Civil Code.

2. The Seller is obliged to deliver to the Customer a Product which is free of defects and tailoring corrections.

3. A complaint may be submitted by the Customer via e-mail to the address: clientservice@niumiclothes.com or in writing to: MyMusic Sp.z o.o Sp.k ul. Wierzbowa 141A 62-081 Wysogotowo, Poland. The Customer may make the complaint via the returns/complaints panel in his or her customer account.

4. In the complaint, the Customer should include: (1) information and circumstances related to the subject of the complaint, in particular the type of the defect and the date on which it occurred; (2) the Customer’s demand concerning the way in which the Product should be brought into compliance with the Sale Agreement or a declaration of lowering the price or a declaration of withdrawal from the Sale Agreement; and (3) contact details of the person making the complaint - it will make it easier and faster for the Seller to process the complaint. The Customer is obliged to give an e-mail address for the Seller to contact him or her or a phone number for the Seller to send a text message with the Seller’s decision concerning the complaint.

5. The Seller will express an opinion on the Customer’s complaint forthwith, within 14 calendar days after the complaint was made. If the Seller does not express an opinion on the complaint within 14 calendar days, it means that the Seller considered the complaint to be justifiable.

6. If it is necessary to deliver the Product to the Seller in order to enable the Seller to express his opinion on the Customer’s complaint or to exercise the Customer’s rights under warranty, the Customer will be asked by the Seller to deliver the Product, at the Seller’s expense, to the following address: Magazyn MyMusic Sp.z o.o Sp.k ul. Wierzbowa 141A 62-081 Wysogotowo, Poland.

7. The request to deliver the Product, referred to in Section 6 Point 6 of these Terms and Conditions, shall not affect the running of the time limit in which the Seller has to express his opinion on the Customer’s complaint, referred to in Section 6 Point 5 of these Terms and Conditions and shall not violate the Customer’s right to demand that the Seller repairs the defective Product and sends to the Customer a Product free of defects or sends back the Product whose defect has been removed, which is referred to in Art. 561[1] of the Polish Civil Code.

Section 7 OUT-OF-COURT METHODS OF PROCESSING COMPLAINTS AND SEEKING CLAIMS AND RULES ON THE ACCESS TO SUCH PROCEDURES

1. A consumer may use out-of-court methods of processing complaints and seeking claims. If the Consumer wants to amicably resolve disputes arising out of purchases made via our website www.niumiclothes.com, pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Consumer may make a complaint through the online European ODR platform, available at:

http://ec.europa.eu/consumers/odr/“ or through mediation (detailed information on using out-of-court methods of processing complaints and seeking claims by a Buyer who is a Consumer and the rules on the access to such procedures are available at: https://uokik.gov.pl/wazne_adresy.php#faq595, in registered offices and on websites of local consumer advocates in the Buyer’s country).

2. The aim of the European ODR platform is to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between consumers and traders online. Such disputes can concern contractual relationships arising out of online sale agreements or service agreements concluded by consumers residing in the European Union and traders who have their registered offices in the European Union.

3. Using out-of-court methods of processing complaints and seeking claims is possible when the complaint procedure has ended and is voluntary - both parties must agree to the proceedings.

Section 8 RETURNING A PURCHASED PRODUCT

1. A consumer who concluded a remote agreement has the right to withdraw from it within 14 calendar days without giving a reason and without incurring any costs, with the exception of costs referred to in Section 8 Point 8 of these Terms and Condition. The purchased goods shall be sent to the following address: Magazyn MyMusic Sp.z o.o Sp.k ul. Wierzbowa 141A 62-081 Wysogotowo, Poland.

2. It is possible to return goods by reporting the return in the Customer Panel and sending the product back to the following address: Magazyn MyMusic Sp.z o.o Sp.k ul. Wierzbowa 141A 62-081 Wysogotowo, Poland, with the order number.

3. In the case of an agreement under which the Seller hands over the Product and is bound to transfer the ownership of the Product (e.g. a Sale Agreement), the time limit to withdraw from such an agreement starts to run when the customer (or a third party indicated by the customer, other than the carrier) comes into the possession of the Product and if the Product is given to the Customer in parts, the time limit starts to run when the customer comes into the possession of the last Product, batch or part.

4. If the customer withdraws from the remote agreement, the agreement is deemed non-concluded.

5. The Seller is obliged to return to the consumer all payments made by the consumer, except the cost of delivery, forthwith and not later than 14 calendar days after the return shipment with the form was received. The Seller will return the payment via traditional bank transfer.

6. The Consumer is obliged to return the Product forthwith, not later than 14 days after he or she withdrew from the agreement. The Product shall be sent to the following address: MyMusic Sp.z o.o Sp.k ul. Wierzbowa 141A 62-081 Wysogotowo, Poland.

7. The Consumer is liable for a decrease in the value of the Product resulting from using the Product in a manner which goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.

8. The cost of returning the goods shall be incurred by the Customer.

Section 9 THE RIGHT TO HAVE A PRODUCT REPLACED

1. Regardless of the provisions in Section 6, 7, 9 and 10 of these Terms and Conditions, the Customer can have a Product replaced with a different Product available in the Online Shop within 14 days after the Customer received the Product, without giving a reason. To observe this time limit, the Customer needs to send a declaration before the limit passes. The declaration may be sent via e-mail to the following address: or in writing to: MyMusic Sp.z o.o Sp.k ul. Wierzbowa 141A 62-081 Wysogotowo, Poland.

2. A Product may be replaced with another Product with qualities determined by the Customer, provided that it is available in the Online Shop. If the price of the Product that is being replaced and the price of the new Product are different, either the Customer will be obliged to pay extra or the Seller will be obliged to reimburse the Customer for the difference in price. The Product that is being replaced shall remain unchanged. The Customer shall send the Product to the following address: MyMusic Sp.z o.o Sp.k ul. Wierzbowa 141A 62-081 Wysogotowo, Poland.

Section 10 MINI GIFT CARD

1. The Gift Card can be used once. The Issuer of the Card is the Seller.

2. The payment for the Card can be made in cash or by credit card in Niumi physical stores. In the online shop, the Customer may also choose an online payment or cash on delivery.

3. The Card becomes active at the moment of purchase.

4. The Gift Card is valid for 3 months after it was purchased (the date is on the cash receipt). When the Gift Card is completely used up, it becomes invalid.

5. If a purchaser decides to use the Card to buy products whose value is lower than the amount on the Card, the purchaser will not receive a cash equivalent of the difference between the price of the Products and the amount on the Card.

6. If the purchaser decides to use the Card to buy products whose value is bigger than the amount on the Card, the purchaser is obliged to pay the rest of the price in cash or by credit card.

7. The Gift Card can be given to the purchaser and used in Niumi physical stores or in the online shop.

8. The Gift Card cannot be exchanged for cash neither in full nor in part.

9. The Issuer is not liable for Gift Cards which were lost or damaged after they had been given to the purchaser. The purchaser is not entitled to any claims against the Issuer for a Gift Card which was lost or damaged.

10. In view of applicable legal provisions, selling the Card does not constitute sale which would be subject to VAT. Therefore, when the purchaser buys the Card, he or she will get an appropriate receipt, serving as purchase confirmation, which is not a cash register receipt nor a VAT invoice.

12. When the purchaser receives the Card, he or she declares that he or she has read these Terms and Conditions, accepts them and undertakes to observe them.

13. The use of a given Card is regulated by terms and conditions in force on the day on which the Card was sold.

Section 11 FINAL PROVISIONS

1. All agreements concluded via the Online Shop are in English.

2. Amendments to the Terms and Conditions

I. The Service Supplier stipulates the right to amend the Terms and Conditions due to substantial reasons, that is: changes in legal regulations; changes in the methods of payments and deliveries - to the extent to which such changes affect the implementation of these Terms and Conditions.

II. If a continuous agreement is concluded pursuant to these Terms and Conditions (e.g. the rendering of the Electronic Service called “Account”), the amended Terms and Conditions are binding upon the Service User, given that the requirements set forth in Art. 384 and 384[1] of the Polish Civil Code were met, namely given that the Service User was duly informed about amendments and did not withdraw from the agreement within 14 calendar days after having been informed about the amendments. If an amendment to the Terms and Conditions results in the introduction of any new fees or the increase in current fees, the Service User who is a consumer has the right to withdraw from the agreement.

III. If agreements other than continuous agreements are concluded pursuant to these Terms and Conditions (e.g. a Sale Agreement), amendments to these Terms and Conditions shall not in any way violate the rights which had been acquired by Service Users/Customers who are consumers before the amendments to these Terms and Conditions came into force. In particular, amendments to these Terms and Conditions shall not affect Orders which have already been placed nor Sale Agreements which have already been concluded or performed.

3. Generally applicable provisions of Polish law shall apply to matters not covered by these Terms and Conditions, in particular: the provisions of the Civil Code; the Act on Rendering Electronic Services of 18th July 2002 (Journal of Laws 2002, no. 144, item 1204, as amended); and when it comes to Sale Agreements concluded with Customers who are consumers - the provisions of the Consumer Rights Act.


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